ZANDER v. CLARK

UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

October 29, 1948

ZANDER
v.
CLARK et al.

The opinion of the court was delivered by: HOLTZOFF

This is an action under Title 9(c) of the Trading with the Enemy Act
*fn1"
for the return of certain property seized by the Alien Property Custodian during the Second World War. The case has been submitted to the Court on an agreed statement of facts.

The plaintiff is a lady who is a natural born citizen of the United States. Her parents were also natural-born citizens of the United States. The property seized by the Alien Property Custodian is her interest in the estate of her grandfather, who was both a citizen and a resident of the United States.

The Court might also observe that the equities are strongly with the plaintiff. The plaintiff is a natural-born citizen of the United States, as were her parents. Her loyalty to her country it not questioned. The property involved in this case is an interest inherited by her from her American grandfather's estate. The Court is not confronted with a seizure of property that was derived from enemy sources, or might have been used to aid the enemy. The plaintiff is an American woman, who was unhappily trapped in the maelstrom of war torn Europe, while on a short visit. Unable to make her escape, she married a young man, whom she met there, but returned to the United States with her husband at the first opportunity. It seems appalling that she should be penalized by a forfeiture of her American inheritance. The law does not require such a forfeiture.

The Court will render judgment for the plaintiff.

Counsel will please submit proposed findings of fact and conclusions of law and the proposed formal judgment.

Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.

Buy This Entire Record For
$7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.